Government Contracts Cases to Watch in 2025

Jay Carey’s commentary was included in a Law360 article previewing key disputes that government contractors should be aware of in 2025.

Jay shared his insight regarding Syneren Technologies Corp. et al. v. U.S., a case in which CAN Softtech, which was denied a slot on a $1.5 billion U.S. Department of Commerce deal, argued that the Federal Circuit bar the agency from taking unilateral corrective action during its bid protest, alleging that such moves set an unfair "moving target" for protesters.

According to Jay, the case raises some "valid concerns" about corrective action beyond the general practice of agencies stepping back and taking a fresh look "outside the heat of litigation."

"It certainly raises some concerns if an agency is taking what it calls corrective action in the midst of a litigation and then submitting that material as a means of supporting its defense," he added.